Is it a right?No it is a privilege, created by statute, and governed by the state’s determination of what is for the best welfare of the child ( Lahum v. Sibulo 2003)

3 TYPES OF ADOPTON IN THE PHILIPPINES

AGENCY ADOPTIONS RELATIVE ADOPTIONS PRIVATE OR INDEPENDENT

ADOPTIONS-those in which a licensed adoption agency finds and develops adoptive families for children who are voluntarily or involuntarily committed. The adoptive families go through the process from application to finalization of the child's adoption under the auspices of the Department of Social Welfare and Development or a licensed child-placing agency

-Through this type of adoption, the legal rights of the child, the parents who gave birth to the child and the parents who will adopt the child, are all equally protected.

-those where the biological parents make a direct placement of the child to a relative or a member of their extended family with whom they relinquish their child.

-could either be a direct placement to a family known by the child's biological parents or through the use of an intermediary or a go-between. In an intermediary placement, an individual knows of parents who want to have their child adopted and arranges such placement to a family or someone who wants to adopt. These intermediaries are generally well-meaning and have good intentions. (However, one must be wary of "black market" placements which involve an intermediary who brings together a person who has a child and individuals who want to adopt, for the sole purpose of making a profit. This practice does not consider the best interests of the child nor the legal rights of biological parents and adoptive parents.)

What is adoption?-It is a juridical act-A proceeding in rem-Which creates a relationship between two persons-Similar to that resulting from legitimate paternity and filiation

Judicial ExtrajudicialDomestic Adoption Inter-country adoptionJurisdiction of family courts Jurisdiction of the Inter- Country Adoption

Board ( petition may also be filed with family court where adoptee resides, and will be turned over to the board)

Trial custody in the Philippines for 6months Trial Custody for 6months in the country of the adopter and is mandatory before a decree of adoption is issued

Petition for adoption may include prayer for change of name, or declaration that child is a foundling, abandoned, dependent or neglected child

Petition for adoption ALONE.

Publication Requirement: once a week, for 3 successive weeks, in a newspaper of general circulation

No publication requirement

Decree of Adoption is issued by Family Court Decree of Adoption is issued by a foreign court

PROCEDURE:1. PETITION2. ORDER3. CHILD/ HOME STUDY REPORT4. HEARING5. SUPERVISED TRIAL CUSTODY6. DECREE OF ADOPTION7. ENTRY IN THE BOOK OF ADOPTION

PROCEDURE:1. PETITION WITH THE ICAB2. BOARD SHALL ENSURE THAT ALL

POSSIBILITIES FOR ADOPTION OF THE CHILD HAVE BEEN EXHAUSTED AND INTER- COUNTRY ADOPTION IS IN THE BEST INTERST OF THE CHILD (RA 8043)

ADOPTIONJudicial vis- a- vis Extrajudicial

ADOPTIONJudicial vis- a- vis Extrajudicial

The Inter-Country Adoption Board (ICAB) accepts dossiers from adoptive families, reviews the dossiers, approves the adoptive family and refers a child. Dossiers are reviewed and approved within one month of receipt. The child’s facility reviews dossiers and chooses the family who can best meet the child’s needs. ICAB has many families waiting for children under 3 and will hold the dossier in abeyance for about a year before releasing it for possible consideration by a child facility. Children can be as young as 8 months of age and many will be close to 2 years old when referred. Families are required to travel to meet and take custody of the child – about 3 - 5 months after acceptance of the referral.

A dossier is a collection of documents that is submitted to the Inter-country Adoption Board (ICAB) of the Philippines government as your application to adopt a Filipino child.

The Inter-Country Adoption Board is located at:#2 Chicago corner Ermin Garcia Streets, Barangay Pinagkaisahan,Cubao, Quezon City, Philippines

Who may be adopted?

1.Any person below eighteen (18) years of age who has been a. voluntarily committed to the Department under or

A child may be committed 1. Administrative / Voluntary: the parent or guardian voluntarily commits the

child to the DSWD or any licensed child placement or child caring agency.

2. Judicial or Involuntary : The Secretary of the Department or his authorized representative or any duly licensed child-placement or child-caring agency having knowledge of a child who appears to be dependent, abandoned or neglected, may file a verified petition for involuntary commitment of said child to the care of any duly licensed child-placement or child-caring agency or individual.

b. judicially declared available for adoption

How: Counseling must first be made to encourage the parents to keep the child. If this fails,1. the child must be surrendered in writing2. the written instrument must be duly notarized and signed in the presence of an authorized representative of the department

( AM 02-1-19-SC)

If, after the hearing, the court shall find the child to be dependent, abandoned, or neglected, it shall render judgment committing him to the care and custody of the Department or any duly licensed child-placement or child-caring agency or individual until he reaches the age of 18.

If the child is committed to the Department, it shall notify the court within 30 days from the order of commitment, the name and address of the duly licensed and accredited child-placement or child-caring agency or individual where the child shall be placed.

NOTE: If the court finds that the abandonment or neglect of the child may be remedied, the child may be allowed to stay in his own home under the care and control of his parents or guardian, subject to supervision and direction of the Department.

A child declared available for adoption refers to a child who has been voluntarily or involuntarily committed to the DSWD or to a duly licensed and accredited child-placing or child- caring agency, freed from the parental authority of his biological parents, or in case of rescission of adoption, his guardian or adopters.

2. The legitimate child of one spouse, by the other spouse

3. An illegitimate child, by a qualified adopter to raise the status of the former to that of legitimacy;

4 .A person of legal age regardless of civil status, if, prior to the adoption, said person has been consistently considered and treated by the adopters as their own child since minority

5.     A child whose adoption has been previously rescinded; or

6.A child whose biological or adoptive parents have died:   Provided, That no proceedings shall be initiated within six (6) months from the time of death of said parents.

7.A child not otherwise disqualified by law or these rules.

Who may adopt:

Filipino Citizen AlienOf legal age sameIn possession of full civil capacity and legal rights

same

Of good moral character sameHas not been convicted of a crime involving moral turpitude

same

Emotionally and psychologically capable of caring for children

same

At least 16years older than the adopteeEXCEPT:

1. adopter is biological parent of the adoptee

2. or is the spouse of the adoptee’s parent

Same but in addition, must at least be 27 years of age UNLESS:

1. petitioner is parent by nature of the child to be adopted or

2. spouse of such parent

In a position to support and care for his or her children in keeping with the means of the family

same

In addition:

Country has diplomatic relations with the Philippines

VENUE: the petition shall be filed with the family court of the province or city where the prospective adoptive parents reside.

Has been living in the Philippines for at least 3 continuous years prior to the filing for the application for adoption

This requirement is waived if :1. the adopter is a former Filipino

citizen who seeks to adopt a relative ( within the 4th degree of consanguinity or affinity )

2. the adoptee is the child of his Filipino spouse

3. one married to a Filipino citizen and seeks to adopt JOINTLY with his spouse a relative of the Filipino spouse (with the 4th degree of consanguinity or affinity )

Maintains residence until the adoption decree is enteredCertified to have legal capacity to adopt by his countryThat his government allows the adoptee to enter his country as his child

If the adopter is married: The spouse shall be a co- petitioner for joint adoption except if:

1. one spouse seeks to adopt the legitimate child of the other

2. if one spouse seeks to adopt his own illegitimate child and the other spouse has signified written consent

3. if the spouses are legally separated from each other

If married: name of spouse must be joined as co- petitioner except when the adoptee is a legitimate child of his spouse.

THE GUARDIAN WITH RESECT TO THE WARD:

1. after the termination of guardianship and

2. clearance of his financial accountabilities

Supervised Trial Custody for at least 6 months (discretionary on the court)

MUST COMPLETE 6months SUPERVISED TRIAL CUSTODY PERIOD EXCEPT:

1. the adopter is a former Filipino citizen who seeks to adopt a relative ( within the 4th degree of consanguinity or affinity )

2. the adoptee is the child of his Filipino spouse

one married to a Filipino citizen and seeks to adopt JOINTLY with his spouse a relative

of the Filipino spouse (with the 4th degree of consanguinity or affinity )

What are the effects of adoption?1. the adopter will exercise parental authority 2. all the legal ties between the biological and the adoptee shall be severed except

when biological parent is spouse of adopter3. adoptee shall be considered legitimate child of the adopter for all intents and

purposes4. adopters shall have reciprocal rights of succession without distinction from

legitimate filiation

OVERVIEW OF ADOPTION PROCEDURE (AM NO. 02-6-02)

Supervised Trial Custody:Before issuance of decree of adoption the court shall give the adopter trial custody of the adoptee for AT LEAST 6 MONTHS

WHY?So that the parties can adjust both psychologically and emotionally with each other and to establish a bonding relationship.

Is this mandatory?No. The court may reduce the period or exempt the parties of it finds that the same shall be for the best interest of the adoptee.

PETITION FOR DOMESTIC ADOPTIONPETITION FOR DOMESTIC ADOPTION

ORDER OF HEARING BY THE COURT

ORDER OF HEARING BY THE COURT

The Hague Convention on Inter-country Adoption requires that families adopting from the Philippines have 10 hours of adoption training.

PETITION FOR ADOPTION AND WHAT IT SHOULD CONTAIN:

BASED ON WHO THE ADOPTEE IS :

Formal Requirements: 1. it should be verified with a certificate on non forum shopping

2. it should specifically state the heading of the initiatory pleading whether the petition contains an application for a change of name, rectification of simulated birth, voluntary or involuntary commitment of children, or

CHILD AND HOME STUDY REPORTS BY THE SOCIAL WORKER

CHILD AND HOME STUDY REPORTS BY THE SOCIAL WORKER

HEARING ON PETITION FOR ADOPTION

HEARING ON PETITION FOR ADOPTION

SUPERVISED TRIAL CUSTODYSUPERVISED TRIAL CUSTODY

ADOPTION DECREE ISSUED BY THE COURT

ADOPTION DECREE ISSUED BY THE COURT

declaration of child as abandoned, dependent, or neglected.

IN ALL PETITIONS IT SHOULD CONTAIN: 1. the first name, surname or names, age and residence of the adoptee as shown by his record of birth, baptismal, or foundling certificate and school records;

2. that the adoptee is not disqualified by law to be adopted

3. the probable value and the character of the estate of the adoptee

the first name, surname, or names by which the adoptee is to be known and registered in the Civil Registry

Rectification of Simulated Birth: It shall allege that:1. petitioner is applying for

rectification of a simulated birth;2. the simulation of birth was made

prior to the date of effectivity of RA 8552, and the application for rectification of the birth registration and the petition for adoption were filed within 5 years from said date

3. the petitioner made the simulation of birth for the best interests of the adoptee

4. the adoptee has consistently been considered and treated by petitioner as his own child

Adoption of a Foundling, Abandoned, Dependent, or Neglected Child:

The petition shall allege:1. the facts showing that the child is a

foundling, abandoned, dependent, or neglected;

2. the names of the parents, if known, and their residence. If the child has no known or living parents, then the name and residence of the guardian, if any;

3. the name of the duly licensed child- placement agency or individual under whose care the child is in custody, and

4. that the Department, child- placement or child- caring agency is authorized to give its consent

Change of name: The title or caption must contain:1. the registered name of the child;2. the aliases or other names by which

the child is known;

3. the full name by which the child is to be known

BASED ON WHO THE ADOPTER IS:

If the adopter is married: The spouse shall be a co- petitioner for joint adoption except if:

1. one spouse seeks to adopt the legitimate child of the other

2. if one spouse seeks to adopt his own illegitimate child and the other spouse has signified written consent

3. if the spouses are legally separated from each other

FILIPINO CITIZEN: The petition shall allege the following:1. the jurisdictional facts 2. that the petitioner is of legal age, in

possession of full civil capacity, and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude; is emotionally and psychologically capable of caring for children, is at least 16 years older than the adoptee (unless the adopter is the biological parent of the adoptee or is the spouse of the adoptee’s parent); and is in a position to support and care for his children in keeping with the means of the family and has undergone pre- adoption services, as required by Section 4 of RA 8552

Alien: 1. the jurisdictional facts 2. that the petitioner is of legal age, in

possession of full civil capacity, and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude; is emotionally and psychologically capable of caring for children, is at least 16 years older than the adoptee (unless the adopter is the biological parent of the adoptee or is the spouse of the adoptee’s parent); and is in a position to support and care for his children in

keeping with the means of the family and has undergone pre- adoption services, as required by Section 4 of RA 8552

3. that his country has diplomatic relations with the Philippines

4. that he has been certified by his diplomatic or consular office or any appropriate government agency to have the legal capacity to adopt in his country and his government allows the adoptee to enter his country as his child and reside therein permanently;

5. that he has been living in the Philippines for at least 3 consecutive years prior to the filing of the petition and he maintains such residence until the adoption decree is entered

This requirement is waived if :1. the adopter is a former Filipino

citizen who seeks to adopt a relative ( within the 4th degree of consanguinity or affinity )

2. the adoptee is the child of his Filipino spouseone married to a Filipino citizen and seeks to adopt JOINTLY with his spouse a relative of the Filipino spouse (with the 4th degree of consanguinity or affinity )

6. that he can provide the proper care and support and instill the necessary moral values and example to all his children, including the child to be adopted

7. that he agrees to uphold the basic rights of the child under the U.N. Convention on the Rights of the Child, and to abide by the rules and regulations issued to implement the provisions

8. that he is eligible to adopt under his national law

9. that he possess all the qualifications and none of the disqualifications

Adopter is the legal guardian: The petition shall allege that:1. guardianship has terminated and

2. the guardian has cleared his financial accountabilities

ANNEXES TO THE PETITION:

1. Birth, Baptismal, or foundling certificate, as the case may be, and school records showing the name, age, and residence of the adoptee2. affidavit of consent of: 1. the adoptee (if ten years of age or over),

2. the biological parents of the child, if known, or the legal guardian, or the child- caring or placement agency , or the proper governmental instrumentality which has legal custody of the child;3. the legitimate and adopted children of the adopter and of the adoptee, if any (who are ten years of age or over); and 4. the illegitimate children of the adopter living with him (who are ten years of age or over) and

5. the spouse if any, of the adopter or adoptee

3. child study report4. if petitioner is an alien: Certification of diplomatic or consular office

or any appropriate government agency to have the legal capacity to adopt in his country and his government allows the adoptee to enter his country as his child and reside therein permanently

5. Home study report on the adopters If the adopter is an alien or residing abroad but qualified to adopt, the home study report by a foreign adoption agency accredited by the Inter- Country Adoption Board;

6. Decree of annulment, nullity, or legal separation of the adopter as well as that of the biological parents of the adoptee, if anyBirth certificate of petitioner (adopter)Marriage contract If applicable, the divorce decree, or

judgment dissolving the marriagePhysical, medical and psychological Evaluation of Petitioner

Certified by a duly licensed physician and psychologist

Income Tax Returns If petitioner is an alien, any authentic document showing the current financial capability of the petitioner

Police clearance If petitioner is an alien: must be issued

within 6 months before the filing of the petition

Character reference If petitioner is an alien: 1. from the local church or minister2. the petitioner’s employer, and 3. a member of the immediate community who has known the petitioner for at least 5years

Full body post- card size pictures If petitioner is an alien: must have been taken at least 6 months prior to the filing of the petition

PROCEDURE:

ORDER FOR HEARING 1. must be published at least once a week for 3 successive weeks

2. at the discretion of the court, copies of the order of hearing shall be furnished to the office of the Solicitor general.

( notice to the Sol. Gen. discretionary EXCEPT in change of name- it is MANDATORY) through the provincial or city prosecutor, the DSWD and the biological parents of the adoptee, IF KNOWN.

CHILD AND HOME STUDY REPORTS: The social worker verifies with the Civil Registry the real identity and the name of the adoptee, and the fact that he or she is legally available for adoption- the social worker may make recommendations to the court if there are grounds to deny the petition

HEARING It is to be held within 6 months from the date of issuance of the orderExcept in cases of application for change of name, hearing must not be within 4 months after the LAST PUBLICATION nor within 30 days PRIOR to election

Important: the petitioner and adoptee MUST personally appear and the former MUST testify in court.

Important: The adopter can no longer rescind the adoption, he can only disinherit the adoptee (In accordance with the provisions of the New Civil Code on disinheritance Article 919)

RESCISSION (relates only to the date of judgment, hence vested rights prior to rescission not

affected)WHO FILES: 1. THE ADOPTEE IF

A. 18 years of age orB. if minor, with assistance of DSWD

2. GUARDIAN OR COUNSEL IF: A. OVER 18 BUT INCAPACITATED

PERIOD WITHIN WHICH TO FILE VERIFIED PETITION:

5 years from:a. reaching the age of majority orb. after recovery from incompetency

VENUE: FAMILY COURT OF THE CITY OR PROVINCE WHERE THE ADOPTEE RESIDES

Note: revocation of adoption is a separate proceeding from the adoption, meaning, the petition for revocation may be filed with a court different from that which rendered the decree of adoption.

GROUNDS: 1. repeated physical violence and verbal maltreatment by the adopter despite having undergone counseling

2. attempt on the life of the adoptee3. sexual assault or violence4. abandonment or failure to comply

with parental obligationsEFFECTS: 1. parental authority of biological

parent or legal custody of the DSWD will be restored

2. reciprocal rights of the adoptee and the adopter will be extinguished

3. vested rights acquired prior to judicial rescission shall be respected;

4. successional rights shall revert to its status prior to adoption, as of the date of judicial rescission

5. adoptee shall use the name stated in his original birth or foundling certificate

6. civil registrar will reinstate his original birth or foundling certificate

SAMPLE

Affidavit of Intent and Consent to Adoption of Child

Republic of the Philippines)Province of________________)S.S.City/Municipality of ____________)x-- - - - - - - - - - - - - - - - - - - x

JOINT AFFIDAVIT OF INTENT AND CONSENT

We,___________and__________,both Filipinos, of legal age, married and presently residing at____________, Philippines, having been duly sworn in accordance with law, hereby depose and state:

1. That we are the legitimate parents of ____________who was born on____________in___________ Philippines.

2. That we have not, at any time abandoned said minor child.

3 .That we are unable to support said child and that believing that it would be for (his/her)own interest and benefit, we, hereby signify our written intent, freely and voluntarily to have our(son/daughter) ____________be adopted.

4. That we also signify our written consent, freely, willingly and voluntarily to have our son/daughter)____________be legally adopted by the spouses_________and___________of___________, Philippines in accordance with law.

5. That we are ready and willing, freely and voluntarily to abdicate our parental authority over said child in favor of the spouses____________and_____________, who are ____and _____years of age, respectively, and who are both possessed of the necessary civil and legal rights as well as the financial capacity to raise, rear and support said child, after the adoption proceeding had been instituted and an order of adoption be issued.

6. That we execute this affidavit to declare our intention and consent to the adoption of our (son/daughter)_________as well as to the truth of the foregoing facts.

IN WITNESS WHEREOF, we have hereunto set our hands this____________at_____ ________, Philippines.

Affiant Affiant

(JURAT)